TABLE OF CONTENTS

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Executive Summary. i

1.0          Introduction. 1

1.1          Background. 1

1.2          Regulatory Process. 2

2.0          Legislative and Regulatory Framework. 3

2.1          Utilities Commission Act. 3

3.0          Is Wyse a Public Utility?. 4

3.1          Does Wyse meet the definition of Person under the UCA?. 4

3.2          Does Wyse Own or Operate in British Columbia Equipment or Facilities for the Sale, Delivery or Provision of Electricity?. 5

3.3          Does Wyse Receive Compensation for its Services?. 19

3.4          Does the Exclusion in Subsection 1(d) of the UCA apply to Wyse?. 28

4.0          Panel Determination on Wyse’s Status as a Public Utility. 31

COMMISSION ORDER G-168-23

 

APPENDICES

 

Appendix A         List of Acronyms

Appendix B         Exhibit List

 

 

Executive Summary

On October 6, 2021, the British Columbia Utilities Commission (BCUC) received a complaint concerning, amongst other things, an allegation that Wyse Meter Solutions Inc. (Wyse) was charging customers for additional costs, such as delivery charges and late fees, which is outside its role of being a submetering provider and that Wyse was operating as a public utility at multiple premises in British Columbia (BC) (Wyse Complaint). On July 6, 2022, by Letter L-29-22, the BCUC suspended the Wyse Complaint and four other subsequent unresolved complaints against Wyse and determined that this public hearing to investigate Wyse’s status as a public utility was warranted.

 

Wyse is an Ontario based submetering provider that installs and operates submeters to measure electricity, water & sewer, natural gas and/or thermal consumption in individual units of multi-residential buildings, such as apartment rental units and condo units, downstream of the bulk meter. Wyse measures the electricity consumption to each unit and on a monthly basis, bills each unit occupant based on their actual electricity usage. Wyse has offered submetering services in BC since 2016. All of Wyse’s submetered premises in BC are multi-residential occupancy buildings. There are fourteen separate addresses, each served by BC Hydro, in the communities of Burnaby, West Vancouver, Victoria, West Kelowna, and Vernon.

 

On July 19, 2022, the BCUC launched an investigation into Wyse’s status as a public utility. The written hearing included public notice, letters of comment, BCUC and Intervener information requests, responses, final argument from Wyse and interveners and reply argument from Wyse. Four interveners participated and 13 letters of comment were received including one from the British Columbia Residential Tenancy Branch.

 

Section 1 of the Utilities Commission Act (UCA) defines a public utility and sets out the conditions this Panel must consider when determining Wyse’s status as a public utility under the UCA, and whether Wyse is subject to BCUC regulation:

"public utility" means a person, or the person's lessee, trustee, receiver or liquidator, who owns or operates in British Columbia, equipment or facilities for

(a) the production, generation, storage, transmission, sale, delivery or provision of electricity, natural gas, steam or any other agent for the production of light, heat, cold or power to or for the public or a corporation for compensation, or

…

but does not include

…

(d) a person not otherwise a public utility who provides the service or commodity only to the person or the person's employees or tenants, if the service or commodity is not resold to or used by others….

The Panel examined Wyse’s Submetering System comprising the metering components,  technology and data; Wyse contracts, comprising the Submetering Agreement and the Wyse Utility Services Contract; the monthly bill; and the charges and fees that Wyse collects from unit occupants, payable to Wyse, for electricity and other services.

 

Following review of the evidence and submissions in this proceeding, the Panel finds that:

•         Wyse owns or operates in British Columbia, equipment for the sale, delivery or provision of electricity to the public;

•         the power to connect and disconnect the supply of electricity is an integral aspect of the sale, delivery or provision of electricity;

•         the Submetering System is an intrinsic part of the provision of energy to unit holders. Put simply, without Wyse and Wyse’s Submetering System, there cannot be ‘sale’, ‘delivery’ or ‘provision' of electricity to the unit holder;

•         Wyse receives compensation for its activities and services and such compensation satisfies the term compensation as used in the definition of a public utility; and

•         the UCA section 1 (d) exclusion from public utility status does not apply to Wyse.

In determining Wyse’s public utility status, the Panel has used the modern rules of statutory interpretation and has applied “fair, large and liberal construction and interpretation” and read the words of the UCA in “their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.”[1]

 

The Panel concludes that Wyse meets the conditions in the definition of a public utility under section 1 of the UCA and therefore determines Wyse to be a public utility under section 1 of the UCA.

 

This proceeding arose because of complaints made to the BCUC about Wyse’s business practices.  Although complaints are not a factor in our determination of Wyse’s public utility status, we note that two of the fundamental functions of public utility regulation are, first, to ensure ratepayers have recourse to raise complaints and disputes to the BCUC and second, to ensure that ratepayers are not charged an unjust, unreasonable, unduly discriminatory or unduly preferential rate.

 

Having determined that Wyse is a public utility, the BCUC orders as follows:

 

1.       Wyse is directed to file with the BCUC an application seeking all required regulatory approvals for its rates, electric tariff, general terms and conditions and operating system within sixty (60) days of this order.

2.       Wyse is directed to file with the BCUC interim tariff pages reflecting existing rates currently being charged to customers for endorsement within thirty (30) days of this order.

3.       Pursuant to section 90 of the UCA, the current rates Wyse charges to its customers are made interim as of the date of this order and any differences between the interim and permanent rates, once approved by the BCUC, will be refundable or recoverable with interest calculated at the average prime rate of Wyse’s principal bank for its most recent fiscal year.

4.       Wyse is directed to provide a copy of this order, electronically where possible, to all customers of Wyse located in BC as a bill insert in the next billing cycle or within 30 days, whichever is sooner.

5.       Wyse is directed to publish a copy of this order on the homepage of its website within 15 days of this order and the order is to remain on Wyse website for a minimum of 60 days from the date it is published.

6.       Wyse is directed to file an Annual Report with the BCUC within 4 months of its fiscal year end, in accordance with BCUC letters L-36-94, L-14-95 and L-8-22.

 

 

1.0              Introduction

On October 6, 2021, a complaint was filed with the British Columbia Utilities Commission (BCUC) concerning, amongst other things, the allegation that Wyse Meter Solutions Inc. (Wyse) was charging customers additional costs, such as delivery charges and late fees, which is outside its role of being a submetering provider and that Wyse was operating as a public utility at multiple premises in British Columbia (BC) (Wyse Complaint). Additional complaints against Wyse were subsequently filed with the BCUC.

 

On July 6, 2022, by Letter L-29-22, the BCUC suspended the Wyse Complaint and four other unresolved complaints against Wyse and determined that a public hearing to investigate Wyse’s status as a public utility was warranted.

 

On July 22, 2022, the BCUC established a written hearing and regulatory timetable to investigate Wyse’s status as a public utility which included public notice, intervener registration, letters of comment, BCUC and Intervener information requests (IR), IR responses, final argument from Wyse and interveners and reply argument from Wyse.

 

1.1              Background

 

Wyse is an Ontario based submetering provider that installs and operates submeters[2] to measure electricity, water and sewer, natural gas and/or thermal consumption in individual units of multi-residential buildings, such as apartment rental units and condo units,[3] downstream of the bulk meter.[4] Wyse measures consumption to each unit and on a monthly basis, bills each unit based on their actual usage. Wyse has been active in Ontario since 2008 and has offered submetering services in BC since 2016. [5]

 

Wyse describes submetering as follows:

The term “submeter” refers to any meter that is installed after the bulk meter to read a specific area (a suite for example) or even a piece of equipment on the property. It can be nothing more than a simple “dial under glass” meter. “Smart meters” incorporate any number of additional capabilities:

•         Automated meter reading, allowing for remote meter reading

•         Interval metering, enabling Time of Use (TOU) electricity pricing

•         Hourly, daily and monthly online consumption reporting

•         Remote outage tracking and programming updates[6]

All of the premises in BC that Wyse submeters for electricity are multi-residential occupancy buildings. There are 14 separate addresses, each served by BC Hydro,[7] in the communities of Burnaby, West Vancouver, Victoria, West Kelowna, and Vernon.[8]

 

Terminology

 

The terms as used throughout this Decision have the meanings as set out below.

•         Submetering Services Agreement is the agreement between Wyse and the building owner (Submetering Agreement).

•         Submetering System as defined in section 1.1 of the Submetering Agreement,[9] means and includes all cables, wiring, conduit, panels, meters, monitors, plans, signage, equipment space, transmitters, communications equipment and any other equipment, fixtures and items as Wyse deems necessary for implementation of this Agreement and the Services Contracts with Tenants including without limitation the equipment set out on Schedule “C”:[10]

o   Multi-Unit Smart Meter Panels;

o   200AMP/.1 AMP Current Transformers;

o   All Intra Floor 600V 22-gauge CSA rated CT extended cabling;

o   Intra floor 2 pair twisted pair telecom wiring for POTS communication; and

o   Modem Router and USB cellular Internet device.

•         Utility Services Contract is the agreement between Wyse and the unit holder for the provision of utility services and binds the unit occupant to Wyse’s Conditions of Service at:

o    https://wysemeter.com/Media/media/ConditionsOfService.pdf

•         Utility Services are defined in the Utility Services Contract as meaning: “electricity, water & sewer, natural gas and/or thermal, as the case may be in accordance with the terms of your leasing agreement.”[11]

•         Unit holder, unit owner, unit occupant, end-user, tenant, strata member are terms used interchangeably to mean the individual in a unit who consumes electricity and takes service from and is billed by Wyse under the Utility Services Contract.

•         Owner, building owner are terms used interchangeably to mean the owner of the building that contracts for submetering services and enters into the Submetering Agreement with Wyse.

1.2              Regulatory Process

On July 22, 2022, by Order G-203-22, the BCUC established a public proceeding and regulatory timetable to investigate Wyse’s status as a public utility. The regulatory timetable included public notice, intervener registration, letters of comment, BCUC and Intervener information requests (IR No. 1), Wyse reply to letters of comment and IR No.1, with further process to be determined. By August 25, 2022, four interveners were registered:

•         Residential Customer Intervener Association (RCIA);

•         British Columbia Hydro and Power Authority (BC Hydro);

•         Metergy Solutions Inc. (Metergy); and

•         British Columbia Old Age Pensioners’ Organization, et al (BCOAPO).

The BCUC received seven letters of comment by the September 6, 2022 deadline.

 

On September 7, 2022, by Order G-249-22, the BCUC granted Wyse’s request for an extension to file responses to BCUC and Intervener IR No. 1. The letter of comment period was also extended to September 29, 2022.

 

By October 13, 2022, Wyse filed its responses to BCUC and Intervener IR No. 1 and its responses to letters of comment.

 

By Orders G-294-22 and G-324-22, the BCUC further amended the regulatory timetable to include an additional round of BCUC and Intervener IR (IR No. 2), and to grant a subsequent request from BCOAPO to extend the deadline by which IR No. 2 should be filed. The letter of comment period was further extended to December 6, 2022, for persons who had not previously filed.

 

By December 14, 2022, Wyse filed its responses to BCUC and Intervener IR No. 2 and filed its responses to the additional letters of comment. Among the letters filed during the proceeding, eleven were from individuals,[12] one from a strata corporation,[13] and one from the British Columbia Residential Tenancy Branch (RTB).[14]

 

In its letter of comment, the RTB states that it has concerns that the present operations between landlords and Wyse are not in accordance with the Residential Tenancy Act (RTA) and that the RTB may also commence investigations into landlords’ actions and whether Wyse may be a landlord, as defined under the RTA given its statements that it is acting on behalf of building owners.[15] The RTB comments on several sections of the RTA including: section 1 definitions of “service or facility” and “landlord”; section 7 Compensation; and section 27 Terminating or Restricting Services or Facilities. [16]

 

On December 20, 2022, by Order G-378-22, the BCUC amended the regulatory timetable to include final and reply argument. Wyse and Intervener final arguments were filed on February 8 and February 22, 2023, respectively. Wyse filed its reply argument on March 6, 2023.

2.0              Legislative and Regulatory Framework

2.1              Utilities Commission Act

Persons that own or operate equipment or facilities that provide energy services and products for compensation in BC are defined as “public utilities” under section 1 of the Utilities Commission Act (UCA). The BCUC regulates public utilities in BC in accordance with the provisions of the UCA.

 

Section 1 of the UCA defines a public utility as follows:

 

"public utility" means a person, or the person's lessee, trustee, receiver or liquidator, who owns or operates in British Columbia, equipment or facilities for

 

(a) the production, generation, storage, transmission, sale, delivery or provision of electricity, natural gas, steam or any other agent for the production of light, heat, cold or power to or for the public or a corporation for compensation, or

…

but does not include

…

(d) a person not otherwise a public utility who provides the service or commodity only to the person or the person's employees or tenants, if the service or commodity is not resold to or used by others….

 

Person(s) found to be a public utility by the BCUC are required to file, among other things, certificates of public convenience and necessity, revenue requirement applications, rates applications and tariffs.

3.0              Is Wyse a Public Utility?

Section 1 of the UCA sets out what this Panel must consider when determining Wyse’s status as a public utility under the UCA and whether Wyse is subject to BCUC regulation.

 

First, the Panel must determine whether Wyse is “a person, or the person's lessee, trustee, receiver or liquidator”.

 

Second, the Panel must determine whether Wyse “owns or operates in British Columbia, equipment or facilities for the production, generation, storage, transmission, sale, delivery or provision of electricity… to the public”.

 

Third, if the Panel finds that Wyse meets the first two conditions, the Panel must determine whether Wyse receives compensation for the services it provides.

 

Finally, if the Panel finds that Wyse meets the above three conditions, the Panel must determine whether Wyse is excluded from the definition by virtue of the exclusions as set out in section 1(c) to (g) of the UCA. Only when these have been considered can the Panel determine Wyse’s public utility status. Each of these components is discussed below.

 

3.1              Does Wyse meet the definition of Person under the UCA?

As noted above, section 1(a) of the UCA provides a broad range of activities whereby a person involved in those activities is captured under the definition of a public utility and subject to BCUC regulation.

 

While not a defined term in the UCA, the Panel notes person is, however, defined in other BC legislation, the Interpretation Act: [17]

"person" includes a corporation, partnership or party, and the personal or other legal representatives of a person to whom the context can apply according to law;

The Interpretation Act also defines “corporation” as:

an incorporated association, company, society, municipality or other incorporated body, where and however incorporated, and includes a corporation sole other than Her Majesty or the Lieutenant Governor;

Wyse acknowledges that it is a corporation duly incorporated under the laws of British Columbia and is authorized to carry on business in British Columbia.[18]  Wyse further contends that legislative intent was to ensure there was one ’public utility’ serving a customer and where there is a lease arrangement, a trustee, a receiver, or liquidator, the definition would apply. What is not referenced in the definition is whether it applies to the contractual arrangement of a submetering provider who does not own the commodity of electricity.[19]

Panel Determination

The Panel notes that Person has a broad meaning under the Interpretation Act and includes a corporation. Wyse is a corporation. Therefore, the Panel finds that Wyse is a person for the purposes of determining its public utility status under section 1 of the UCA.

 

3.2              Does Wyse Own or Operate in British Columbia Equipment or Facilities for the Sale, Delivery or Provision of Electricity?

In this section the Panel discusses the Submetering System that Wyse uses to conduct its business, as well as the contracts that outline the submetering roles and responsibilities of Wyse and other parties. Below, the Panel reviews Wyse’s Submetering System, including the components, technology and data, and the Wyse contracts, comprising the Submetering Agreement and the Wyse Utility Services Contract.

 

Wyse confirms that it operates a Submetering System for electricity at fourteen buildings in British Columbia, located in in Vancouver, North Vancouver, West Vancouver, Burnaby, Vernon, West Kelowna and Victoria.[20]

 

Wyse explains that when it contracts with a building owner to provide submetering services for a new rental property, rental property retrofit, or a strata property, the parties enter into a Submetering Agreement,[21] which establishes the contractual terms[22] of ownership of the Submetering System. Individual unit holders enter into a Utilities Services Contract with Wyse.[23]

 

Wyse submits that it does not own or operate any equipment or facilities for the sale and provision of electricity to the public for consumption[24] and “does not produce, generate, store, transmit, sell, deliver, or provide electricity or any other agent for the production of light, heat, cold, or power.”[25]

 

Wyse states that it “has proceeded under what it considers to be a reasonable interpretation of the applicable legislations and has not intended to operate as a public utility.”[26]

 

In describing its operations in BC, Wyse submits that:

 

A building owner, who is a customer of BC Hydro... contracts with Wyse to meter electricity usage within its building so that the building owner can fairly collect from the unit holders their actual usage of electricity. Wyse submits that such services are not captured by the definition of “public utility”.

 

The provision of electricity to tenants in the buildings for which Wyse provides submetering services is not provided by Wyse. It is provided by the building owners, who obtain electricity from BC Hydro pursuant to BC Hydro’s Electric Tariff and who in turn provide the electricity through infrastructure within their building which is owned, maintained, and controlled, each to Wyse’s best understanding, by the building owner.[27]

Wyse submits that submetering benefits both the building owner as well as the end user:

Wyse highlights that in submetered buildings, unit holders pay for their energy bills, on a measured basis, which allows for unit holders to control their usage and the opportunity to create significant environmental and economic benefits to tenants. Wyse submits this is both impressive and persuasive.[28]

Submetering System Components

Wyse’s Submetering Agreement lists the components of the Submetering System. These include the wiring, transmitters, monitors, meters and “any other equipment, fixtures and items as Wyse deems necessary for implementation.”[29]

 

Under the terms of the Submetering Agreement, the building owner grants Wyse access and use of the premises at no cost to Wyse.[30] Schedule C lists and describes three Contracted Commodities offered by Wyse: electricity, sewage and water and natural gas and/or thermal. Where services are contracted for electricity, Schedule C specifies that:

Wyse will operate and maintain the Submetering System for electricity as described below with the specific demarcation points as noted. Wyse owns only the Submetering System. Wyse does not maintain any structures unless specifically described herein or elsewhere in this Agreement. All structures housing and/or supporting electrical infrastructure, including but not limited to, all wiring to individual suites and common areas, electrical equipment and electrical accessories are common elements of and are the responsibility of the Owner.[31] [emphasis added]

Conditions of the ownership of the Submetering System are set out in section 2.3:

The Submetering Systems supplied by Wyse and installed in the Buildings are, and shall at all times after installation be, the property of Wyse and used exclusively by Wyse, its successors and assigns for the purposes described in this Agreement during the Term. ... All plans, specifications and other information relating to the distribution system for each Contracted Commodity of the Buildings shall clearly identify Wyse’s ownership interest in the Submetering Systems.[32] [emphasis added]

The Submetering Agreement goes on to explain:

The point of demarcation between the local electricity distribution company and the Submetering System shall be the point where Wyse secures its Current Transformers (“CTs”) to the secondary power supply at the Distribution Panel, which panel is located near the main electrical room.[33]

Wyse explains that it owns the capital assets of the Submetering System located downstream of the utility’s distribution assets, which Wyse does not own. Upon entering into a Submetering Agreement, Wyse supplies the building with the Submetering System, at its own initial cost. The Submetering System is subject to depreciation over the term of the Submetering Agreement,[34] which typically ranges from 12 to 20 years, depending on the initial capital investment of supplying and installing the Submetering System, overhead costs, and operational costs.^[35]

 

Wyse describes the submeters as devices used to measure electricity usage within building(s) to fairly allocate the use and cost of electricity to the end user.[36] Wyse installs submeters for each unit, beyond the demarcation point of BC Hydro’s bulk meter that supplies electricity to the building.[37] Wyse explains that the submeters are used to provide services to assist the building owner in collecting payment from the end-user for electricity, based on actual metered consumption.[38] Wyse asserts that the submeters “are not responsible for the transmission, sale, delivery or provision of any such utilities to the unit” and confirms that all infrastructure within the building, including the bulk meter and distribution system, is the responsibility of the building owner.[39]

 

Wyse is responsible for the accuracy of the Submetering System. Wyse ensures accuracy by installing Measurement Canada certified submeters. The submeter is verified and sealed by an accredited meter shop prior to installation. During the installation, Wyse also undertakes a commissioning process on each submeter to verify it is accurately measuring load.[40]

 

Wyse confirms that if the Submetering Agreement with the building owner is terminated, the building owner is required to pay the undepreciated costs of the Submetering System which is “sound, fair, commercial practice” and Wyse then transfers the ownership of the Submetering System to the building owner.[41]

Submetering System Technology and Data

Wyse is responsible for all enrollment processing of Utility Service Contracts, prebill verification, customer service escalation, remittance, reporting, meter reading, client management, customer refunds, disconnections, credit, and collections.[42]

 

Wyse explains that all the submeters use technology and devices to ensure transmission of data from the submeters to Wyse servers. This avoids the need to use a third party for meter reading or to perform actual physical meter reads. The majority of submeters directly send daily unit consumption data wirelessly to Wyse’s Data Aggregator, Savage Data Systems, based in Ontario, via the telecommunications device that Wyse installs in the building.[43]

 

Billing and account platform and related services are subcontracted to a billing provider. Another third party provides call center operations, which include account set-up, bill generation and mailing, payment processing and exception reporting.[44]

 

Wyse confirms that it measures electricity consumption of all units, including those that are unoccupied or vacant, and makes this data available to the building owner via Wyse’s online property manager portal. The portal includes the ability to provide the building owner with comprehensive reports to effectively manage energy in the building.[45] Unit holders can also access an online portal where they can view their electricity consumption, meter readings, account details and billing data.[46]

 

Wyse submits that it is a service provider contracted by landlords and property owners to deliver submetering services. The landlords and building owner customers of Wyse are customers of BC Hydro and contract with Wyse to meter electricity usage within the building(s) to fairly allocate the use of electricity, and its associated cost, to the actual end user.[47]

Wyse Submetering Agreement

Under the Submetering Agreement, Wyse supplies and installs submeters for each of the building’s residential units, at its own cost, and contracts with the building owner to provide submetering services, typically for a period of 12 to 20 years, depending on the project costing model.[48] The Wyse Submetering Agreement is tailored for three submetering installation scenarios:

 

•         retrofit to an existing rental building,

•         fitting to a new construction rental building, and

•         fitting to a new construction strata building

 

In all three scenarios, Wyse confirms that submeters are installed to meter each of the residential units but not for metering the common areas of the building.[49]

 

In existing rental buildings, this retrofit is done all at one time for every residential unit, regardless of whether the tenant has become a Wyse customer.[50]

 

For newly constructed and retrofitted existing rental buildings, Wyse states that the building owner is obligated by the Submetering Agreement to only accept a rental application or lease from a tenant who also accepts the Utility Services Contract with Wyse:

The Owner hereby covenants and agrees that it:

… (d) shall only accept a rental application or lease or consent to an assignment or sublet on the condition that the prospective tenant or subtenant consents to the provision of submetering services by Wyse in the Lease Agreement or rental application and contemporaneously executes and enters into a Services Contract with Wyse by attaching Wyse’s Services Contract as a Schedule to its form of Lease Agreement or rental application, and shall provide an executed copy thereof to Wyse[51]

The Submetering Agreement states that “Wyse shall remit to the Owner the total aggregate billings of such Tenants for such month… less Wyse’s fees and charges for delivering the Services and/or such other deductions as may be agreed between the Owner and Wyse.”[52]

 

Should a tenant not enter a Utility Services Contract with Wyse, or the unit remains vacant, the building owner is contractually responsible for paying Wyse, on a monthly basis, all the fees[53] that otherwise would be payable by the occupant of the unit:[54]

(d) In the event that the Owner does not comply with its obligations under Section 3.1(d) hereof with respect to any tenant in the Building, the Owner shall pay to Wyse on a monthly basis all the fees that otherwise would be payable by such tenant to Wyse until such time as the Owner is in compliance with its obligations under Section 3.1(d) with respect to such tenant.

In the case of a strata building, the building owner is obligated to ensure that the unit owner/occupant also enters into a Utility Services Contract with Wyse and pays for costs of supplying the commodity to any vacant units:[55]

(a) The Owner acknowledges and agrees that it shall be responsible to pay all costs and expenses relating to the supply of each Contracted Commodity to the Buildings… until the date on which the unit owner or occupant of each unit assumes responsibility for payment … Wyse will establish a new account for each Contracted Commodity for the relevant unit, failing which the accounts will remain in the name of the Owner…  Wyse shall be responsible for billing and collection in connection with the supply of the Contracted Commodity to that unit…. For greater certainty, consumption for vacant and unsold units shall be billed to the developer, such developer having executed an [sic] Services Contract with Wyse for the vacant and unsold units, until such time or times when the unit has been sold to a prospective purchaser.[56]

Wyse’s Submetering Agreement with the building owner also gives Wyse the ability to terminate the supply of electricity to any unit in the building:

(f) Wyse shall have the right to terminate the supply of a Contracted Commodity to a unit, subject to compliance with all Applicable Laws. [57]

Wyse Utility Services Contract

Wyse explains that unit holders open accounts in their own names and have the same ability to manage their accounts with Wyse as they would with BC Hydro.[58] The Utility Services Contract between Wyse and the unit holder establishes the terms and conditions under which Wyse provides services to a resident. The Utility Service Contract also establishes Wyse as the only option of service provider:

Wyse is the exclusive utility sub-meter service provider for the building in which the Resident’s unit is located. … The Landlord will purchase and supply utility to the Unit and Wyse is obligated to remit payment to the Landlord for all the utilities consumed by the Resident.[59]

Contract of Service

(f) The Resident will pay (or will cause to be paid) all fees for the Services and charges for utility consumption plus applicable taxes in accordance with Wyse’s monthly invoices. Manner of payment will be specified on each invoice (Pre-Authorized Payment, direct banking, by cheque made payable to Wyse Meter or credit card, (convenience fee may apply)[60]

When unit holders enroll with Wyse, they sign the Utility Services Contract accepting “the necessary connections to measure consumption for the utilities in the unit…” and also agree to Wyse’s Conditions of Service.[61] The Conditions of Service include a section titled “Implied Contract” by which the unit holder’s "use of Services from Wyse constitutes a binding contract with Wyse which includes these Conditions of Service and all terms hereunder.”[62]

 

Similar to the Submetering Agreement, Wyse’s Conditions of Service, provide Wyse the “right to disconnect the Services and/or the supply of electricity to a Consumer” in the event of non-payment.[63] Wyse provides additional reasons for disconnection which include, but are not limited to:

•         failure of the Consumer to enter into an [sic] Utility Services Agreement with Wyse and assume responsibility for electricity and/or other utility Services delivered when that Consumer moves into an existing connected premises and consumes electricity and/or other such utility;

•         failure of the Consumer to open an account with Wyse after moving into a vacant unit where such Consumer has agreed to open such account with Wyse for the provision of Services;

•         failure of the Consumer to comply with any requirements in this Conditions of Service or a term of any agreement made between such Consumer and Wyse, including but not limited to an [sic] Utility Services Contract; and

•         the Consumer owes Wyse money for Services or for a security deposit. Wyse shall provide the Consumer a reasonable opportunity to provide the security deposit, consistent with its security deposit policy, as set out in these Conditions of Service.[64]

Wyse offers a payment arrangement plan to unit holders who cannot pay their bills. Wyse states that disconnection of service is a last resort and is only performed in extreme circumstances of non-payment or account delinquency. The disconnection process begins the day following the due date of the bill if it is unpaid. [65] Wyse’s disconnection process is as follows:

a)       Wyse applies a late penalty to the account 3 days following the bill due date.

b)      4 days after the bill due date, a reminder notice is sent to the resident that the account is past due.

c)       12 days after the bill due date, a disconnection notice is issued to the resident stating the outstanding balance and the window in which disconnection may occur.

d)      32 days after the bill due date, a 14-day disconnection window begins in which disconnection may occur.[66]

e)      Wyse attempts to contact the resident through a phone call or e-mail a minimum of 48 hours prior to disconnection to try and arrange a payment or payment arrangement.

f)        If payment is not received and disconnection is not an option, Wyse will forward the account to a third-party collection agency.

Wyse confirms that 32 units have been disconnected since 2016 and, to the best of its knowledge, each unit holder was reconnected upon payment of the reconnection fee ($210 or $410 for residential customers, dependent on time of reconnection), in accordance with Wyse’s Conditions of Service.[67]

 

Wyse explains that it provides unit holders with access to a fully staffed call centre to resolve any issues or complaints. If the client’s concerns cannot be addressed, they are escalated to the Billing Manager and if necessary, to the VP.[68] Wyse confirms that the Utility Service Contract “does not specifically provide the customer with the option to escalate the complaint to the BCUC.” However, Wyse suggests that the “unit holder may, at their sole option, contact [the] BCUC should they choose to escalate a complaint.” [69]

Intervener Submissions

Metergy

Metergy agrees with Wyse and argues that submetering companies are not distributing electricity, nor do they own the infrastructure used to distribute electricity within the building. Instead, the building owner or strata corporation contracts with the “utility” and owns the infrastructure that delivers electricity to residents. Metergy further submits that Wyse does not provide or otherwise sell electricity to residents.[70]

 

Metergy also agrees with Wyse that submetering service providers are not, as a matter of statutory interpretation, generally captured by the definition of public utility in section 1 of the UCA because:[71]

•         submetering service providers do not satisfy the plain language definition of “public utility”

•         the submeter provider plays no role in selling or delivering the electricity to the resident

•         the submetering service provider is only providing a metering and billing service to an entity (the building owner or strata corporation), who is in turn providing electricity to residents, in a way that allows the entity to fairly apportion its bulk bill

•         reading the definition of “public utility” to capture submetering providers would lead to absurd consequences

•         if providing a service related to or enabling the sale of electricity is sufficient to trigger public utility obligations, then a potentially huge array of other utility service providers might be captured.

RCIA

RCIA notes that Wyse does not sell the submetering equipment to building owners and/or property managers.[72] RCIA submits that Wyse is the sole party responsible for installing, monitoring and managing the submetering equipment and for ensuring that the submeter is accurately recording the energy use attributable to each unit. In addition, RCIA also observes that Wyse charges fees related to the “provision of services as well as capital assets”.[73]

 

RCIA submits that Wyse owns and operates submetering equipment that is used for the sale and/or provision of electricity to the public for the following reasons: [74]

• Wyse owns and operates the capital assets – the Submetering System - which is used by Wyse to provide service and charge for its use;
• Wyse incurs costs of maintaining and operating the Submetering System and charges a fee;
• The submetering equipment is the tool that enables individual unit holders to be accurately billed for their energy usage;
• If Wyse did not own the meters and retained sole access to the submeters, then the provision of electricity could be performed without Wyse; and

•         The effective tariff paid by submetering customers exceeds the residential tariff approved for use in the BC Hydro service area, indicating that Wyse is reselling electricity at a unique tariff rate.

RCIA also asserts that because Wyse has the authority to disconnect electrical service to a unit in the event of non-payment, Wyse is not only operating the Submetering System but also has control over the commodity it provides.[75]

BC Hydro

BC Hydro argues that Wyse owns and operates equipment in BC for the “sale, delivery or provision of electricity for the production of light, heat, cold or power” and provides its services for compensation. Specifically, BC Hydro points out that Wyse itself states that it owns and operates metering equipment in residential buildings in BC “to measure the consumption of electricity” for billing purposes, in other words the sale of electricity to residents,  and receives remuneration for the service it provides. [76] BC Hydro goes on to argue that in owning and operating the submetering equipment, Wyse is responsible for collection and management of the unit’s consumption data, which enables Wyse to charge for electricity consumption and other fees. BC Hydro submits that these activities are undertaken to aid in the delivery and provision of electricity to residents.[77]

 

BC Hydro notes the Utility Services Contract is for the “provision of individual utility consumption metering, meter reading, billing and collection services to the Unit”, where utility is defined as “electricity, water & sewer, natural gas and/or thermal as the case may be” [78] which demonstrates Wyse’s equipment is for the sale of electricity based on consumption.[79]

 

Wyse’s equipment is used to enable billing of electricity delivered to residents based on consumption. BC Hydro submits this is the sale of electricity to end users and could not occur without Wyse’s equipment and related services and the power to connect and disconnect the supply of electricity is an integral aspect of the delivery and provision of electricity, noting Wyse has disconnected power at least 32 times since 2016.[80]

 

BC Hydro submits that Wyse contracts its utility services directly with end users of electricity and that this proceeding was initiated after the BCUC had received complaints from Wyse end users.[81] Further BC Hydro notes that Wyse’s statement that unit holders can file a complaint with the BCUC, as they would if they had similar questions or complaints about BC Hydro’s services,[82] indicates that Wyse acknowledges the potential need for end users to have such an option.[83]

 

BC Hydro argues that it does not matter if a contracted third-party undertakes the activities specified in the UCA section 1 public utility definition, as the ordinary meaning of the definition captures any person, or the person's lessee, trustee, receiver or liquidator.[84] BC Hydro concludes that Wyse meets the first part of the definition of a public utility because it owns and operates equipment in BC to enable the sale, delivery and/or provision to the end user for compensation.[85]

 

BC Hydro submits that the object of the UCA is to protect the public interest by regulating public utilities to ensure that they provide safe and reliable service at reasonable prices. Regulating Wyse as a public utility is consistent with this object. Wyse contracts its utility services directly with end users of electricity.[86]

 

BCOAPO

BCOAPO acknowledges that Wyse does not produce, generate or store electricity for the production of light, heat, cold or power. However, having examined the definitions of the words used to describe the actions Wyse denies it is engaged in, i.e., transmit, sell, deliver, and provide,[87] BCOAPO concludes that “Wyse owns and operates the unit submeters, related equipment and communications devices installed in buildings for the purpose of providing metered and billed services to unit holders.”[88]

 

BCOAPO submits that Wyse separately meters units and enters into Utility Service Contracts directly with unit holders who open accounts with Wyse directly as they would with BC Hydro[89] and Wyse invoices unit holders for the electricity consumption to their respective units.[90] BCOAPO observes that Wyse remits payment for electricity consumed in the unit to the building owner, less the basic charge and other Wyse fees and charges. BCOAPO argues that it is Wyse who technically pays building owners for electricity which Wyse resells to unit holders.[91]

 

BCOAPO argues that all parties concede that Wyse’s Submetering Agreement with the building owner permits Wyse to disconnect electrical service to a unit. BCOAPO asserts that this means that Wyse both owns and operates equipment that connects and disconnects electrical service to the unit and controls provision of electricity to the unit.[92] BCOAPO submits that Wyse meters and bills for electricity and exerts control over its connection and disconnection.[93]

Letters of Comment

In a letter of comment, the concern is raised that once a building owner enters into an agreement with Wyse, building tenants have no recourse to an independent third party to resolve disputes. Further, Wyse operates as a monopoly once its equipment is installed in a building leaving no opportunity for the occupant to seek out competitors if they are dissatisfied with Wyse’s services.[94]

Wyse Reply Argument

In reply to RCIA, Wyse submits that the plain reading of the definition of a public utility in the UCA makes no reference to submetering. Wyse argues that the language in the definition “qualifies that the equipment owned or operated by the entity is directly related to activities around supply, sale and provision of electricity as a commodity”.[95] Wyse argues that RCIA is asking the BCUC to interpret legislation by adding key words that are not included in the UCA and insists that the ownership of meters does not result in the production, delivery, sale or otherwise of electricity to a building or to the units.[96]

 

Wyse submits that RCIA has parsed the language of the UCA to create a “test” that ignores the fact that Wyse never takes ownership of the electricity acquired by the building owner from BC Hydro. Wyse maintains it does not own or operate equipment that delivers or provides electricity to end-use customers and that the delivery infrastructure within the building is owned by the building owner.[97]

 

Wyse argues that the commodity of electricity is acquired by the building owner from BC Hydro and sold to the end-users, with Wyse acting as a third-party submetering service provider retained by the building owner. [98]

 

In reply to BC Hydro, Wyse submits that “its efforts are to aid the owner of the building in the process of collecting payment for energy consumption on a measured basis, and ultimately end users by providing the benefit of submetering services.”[99] Wyse submits that its services are ancillary to the provision or distribution of the commodity and its services instead facilitate the building owner’s resale agreement with BC Hydro:

In fact, the regulated item is the purported delivery of the commodity of Electricity, which responsibility remains with BC Hydro. While Wyse is providing submetering service, the commodity of Electricity is acquired by the building owner and is purchased by tenants.^[100]

Wyse disagrees with BC Hydro, arguing that the sale of electricity to end users could occur without Wyse’s equipment and related services, and instead be resold based on square footage of the suite. According to Wyse, its submetering operations provide the end-user with the ability to monitor electricity consumption and pay for electricity on that basis, which is consistent with public policy objectives of promoting efficiency.[101]

 

In reply to BCOAPO, Wyse submits that the definition of public utility does not, under a plain reading of the words, capture submetering and instead defines the concept of the transfer, sale and/or delivery of a commodity, such as electricity. Wyse argues that submetering does not produce, generate, sell, transmit or otherwise supply the commodity to the end user.[102] Submetering acts as an intermediary to facilitate in the payment of the commodity from unit holders to the building owner, based on a metered consumption, while the supply and sale of the commodity remains between BC Hydro and the building owner.[103]

 

Wyse argues that in order to satisfy the definitions of transmit, sell, deliver, and provide, included in BCOAPO’s final argument,[104] Wyse would need to have an ownership interest in the commodity and own infrastructure through which the commodity of electricity is transmitted. Wyse submits that it satisfies neither criterion.[105] Wyse maintains that it does not take any ownership interest in the commodity of electricity provided to end-use customers, as the commodity of electricity is acquired and resold by the building owner through the resale agreements that each of its building owner customers has with BC Hydro.[106]

 

Wyse explains that building owners have the resale agreements with BC Hydro and have the right to sell the commodity to their tenants or strata members.[107] Wyse submits it is engaged as a third party to provide submetering services which assist the owner/reseller with collecting payment for the commodity from the end-user based on metered consumption which is remitted back to the owner/reseller. Wyse maintains its position that the submeters are measuring devices and do not in any way generate, produce, transmit, sell, deliver or provide electricity to a unit. [108]

 

Wyse submits that the UCA makes no reference to metering or measuring and plainly speaks to the production (Wyse does not produce electricity), generation (Wyse does not generate electricity), and storage (Wyse does not store electricity) and maintains its position that the purpose of the submetering system is not for the sale, delivery or provision of electricity. Wyse has described, as noted by BC Hydro, that the purpose of a submeter “is to measure the consumption of electricity in a unit so that the unit holder can be billed for such consumption associated with their unit.”[109]

Panel Determination

For the reasons as set out below, the Panel finds that Wyse owns or operates in British Columbia, equipment for the sale, delivery or provision of electricity to the public.

 

The Panel acknowledges there is no dispute that Wyse owns or operates equipment in British Columbia, specifically, the Submetering System, or that this equipment is used to provide services to assist a building owner in collecting payment from the end-user for electricity, based on actual metered consumption. Nor is there any suggestion that the Submetering System is for the production, generation, storage or transmission of electricity.

 

For the purpose of determining Wyse’s status as a public utility, as defined in the UCA, the issue is whether Wyse’s equipment, the Submetering System, is for the sale, delivery or provision of electricity. In this section, therefore, the Panel first examines the Submetering System equipment, the purpose of that equipment, and then Wyse’s role under the terms in the Submetering Agreement and Utility Services Agreement.

 

The term “equipment” is not defined in the UCA for the purposes of determining public utility status, but the Merriam Webster dictionary defines equipment as “the necessary items for a particular purpose”.[110] It is therefore a matter of statutory interpretation for this Panel to determine what constitutes “equipment” in the context of the definition of a public utility, and whether Wyse owns or operates equipment for the sale, delivery or provision of electricity to the public.

 

In one of the leading cases on statutory interpretation, the Supreme Court of Canada adopted the modern principle of interpretation as follows:

Today there is only one principle or approach, namely, the words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament.[111]

In addition, section 8 of BC’s Interpretation Act states:

Every enactment must be construed as being remedial, and must be given such fair, large and liberal construction and interpretation as best ensures the attainment of its objects.

Applying these principles to the term “equipment” as used in the definition of a public utility, the Panel considers the Legislature intended that the term “equipment” be afforded a broad interpretation for the purpose of determining public utility status, in that this term encompasses any equipment for “the production, generation, storage, transmission, sale, delivery or provision of electricity”. Of note is that the UCA does not specify items of equipment for any of these activities.  [emphasis added]

 

We disagree with Wyse that the fact that the UCA does not include submetering in the definition of a public utility, along with generation, transmission, storage, etc., implies submetering is excluded from the definition of a public utility. Instead, the issue is whether Wyse’s equipment, which in this case happens to be submetering equipment, is for selling, delivering or providing electricity.

 

Wyse argues that its equipment provides services to assist a building owner in collecting payment from the end-user for electricity, based on actual metered consumption, but that the submeters are not responsible for the sale, delivery or provision of electricity to the end user. Metergy supports Wyse’s position, whereas all other interveners disagree with Wyse.

 

Applying the modern principles of statutory interpretation, the Panel looks at the meaning of the words sale, delivery or provision, in their grammatical and ordinary sense.

 

Sale is defined as:

the act of selling

specifically: the transfer of ownership of and title to property from one person to another for a price[112]

Delivery is defined as:

the act or manner of delivering something (where delivering is to take and hand over to or leave for another)[113]

And provision as:

the act or process of providing[114]

1 a: to supply or make available (something wanted or needed)[115]

The Panel rejects Wyse’s submission that it does not own or operate any equipment for the sale and provision of electricity. Wyse itself describes the various functions of the Submetering System: this system supports collecting payment from the end-user for electricity, customer service, meter reading and disconnection; transmitting data, and measuring electricity consumption. We find that these functions are to provide electricity to the end-users.

 

The fact that Wyse’s submetering equipment facilitates the billing of electricity delivered to end-users based on consumption is evidence to this Panel that Wyse owns equipment for the sale of electricity. As BC Hydro observes, the sale to the end user could not occur without Wyse’s equipment and related services.

 

Wyse is essentially a gatekeeper that controls the end-user’s access to electricity. As RCIA and BCOAPO note, Wyse has control over the commodity, in this case, electricity, that it provides. In newly constructed rental or strata buildings, the end-user must sign a Utility Services Contract with Wyse in order to receive electricity. The Submetering Agreement requires the building owner to accept a rental application or lease only from a tenant who also accepts the Utility Services Contract with Wyse. In retrofit buildings, Wyse must wait for occupant turnover to enroll new tenants onto its services, and once again the Submetering Agreement requires the building owner to ensure that happens. The Utility Services Contract binds rental and strata unit holders to Wyse’s terms and conditions, fees and charges, and to take submetering service with Wyse. There is no alternative.

 

The fact that Wyse can connect a new end user, disconnect a delinquent end user and then reconnect a paid-up end user is further evidence that Wyse is providing electricity to end-users. Wyse’s Conditions of Service clearly state that Wyse has the right to disconnect the supply of electricity in various circumstances, and to reconnect the customer upon payment of a reconnection fee. The Panel finds that the power to connect and disconnect the supply of electricity is an integral aspect of the sale, delivery or provision of electricity.

 

Lastly, the Panel observes that whatever benefits of submetering exist, for either the building owner or end user, is not a consideration under the definition of public utility in the UCA. Moreover, the end user has not requested these benefits, much less offered to pay for them, and indeed has absolutely no choice whether to accept these features.

 

Without entering into Wyse’s Utility Services Agreement, without Wyse’s Submetering System, without Wyse measuring and collecting consumption data and without Wyse billing and collecting payment, a unit holder cannot access electricity. The Panel finds that the Submetering System is an intrinsic part of the provision of energy to unit holders. Put simply, without Wyse and Wyse’s Submetering System, there cannot be “sale, delivery or provision” of electricity to the unit holder.

 

In addition, more than one party can fill the same role. For example, both BC Hydro and the building owner, in their respective roles, own or operate equipment and facilities to sell, deliver or provide electricity. That does not mean, however, that no one else can be responsible for, or have a role in, the sale delivery, or provision of electricity. We find that Wyse is not precluded from owning equipment for the sale, delivery or provision of electricity simply because others are also involved. Likewise, one party might fill multiple roles. For example, Wyse asserts that the submeters are used to provide services to assist the building owner in collecting payment from the end-user for electricity, based on actual metered consumption and that its services facilitate the building owner’s resale agreement with BC Hydro. That does not mean, however, that Wyse is therefore not selling, delivering or providing electricity to end-users.

 

Therefore, the Panel concludes that Wyse owns or operates in British Columbia equipment or facilities for the sale, delivery or provision of electricity.

3.3              Does Wyse Receive Compensation for its Services?

In this section the Panel reviews the evidence regarding compensation, because one of the elements defining a public utility in the UCA is whether the entity owns or operates equipment for providing electricity for compensation. As outlined below, Wyse confirms that the only compensation it receives is from unit holders and that it remits to the building owner a portion of what it collects from the unit holder. [emphasis added]

Wyse Billing

Wyse states that it bills unit holders from the first of the month to the first of the next month and acknowledges that this does not match BC Hydro’s bulk meter billing cycle.[116] The utility bill includes:

• the unit consumption on a kWh basis for the billing period;
• an electricity charge;
• a delivery charge;
• the applicable taxes in BC; and
• total costs payable by the unit holder to Wyse by the due date.

Wyse has provided a copy of a monthly energy bill for unit holders for electricity and other services, shown below in Figure 1 and Figure 2. Wyse explains the bill includes the electricity charge, based on unit consumption on a kWh basis for the billing period and the delivery costs of providing service. The bill has the applicable taxes in BC and the total costs payable by the unit holder to Wyse by the due date. Page 2 of the bill describes the various fees and charges that were applied.[117]

 

Figure 1 – Wyse Meter Solutions Bill (Page 1)[118]

 

 

 

Figure 2 – Wyse Meter Solutions Bill (Page 2)[119]

 

Wyse states it bills unit holders a stepped energy charge for electricity of 9.45 c/kWh[120] for the first 675 kWh and 14.08 c/kWh for any additional electricity per month,[121] and a fixed basic charge of 20.9 c/day,[122] consistent with BC Hydro’s Rate Schedule (RS) 1101 Energy charge and Basic Charge.[123] Wyse confirms that BC Hydro’s RS 1901 Deferral Account Rate Rider, used to credit or debit the customer for unpredictable changes in energy costs, is not presently included as a charge in the bill.[124]

 

Wyse confirms that its basic charge is “for reading, billing, collection and remittance services provided for under the terms of this contract”[125] and that the fee “is subject to reasonable annual increases”[126] and reflects RS 1101 which is approved by the BCUC. This is intended to recover the costs of installation, operational maintenance costs and depreciation costs of the submeters over the term of the agreement with the building owner.[127]

 

Additional Monthly Charges

Wyse explains that the Delivery Charge includes fees that are billed on a monthly basis to unit holders in addition to the basic charge.[128] A bad debt fee of $0.51/month is calculated “by dividing a portion of Wyse’s actual bad debt from the previous year by the total number of bills issued”[129] and a regulatory administration fee of $0.63/month is to “recover the costs associated with the implementation and management of regulatory programs.”[130] Wyse’s Delivery Charge is therefore the sum of BC Hydro’s Basic Charge for the number of days in the month and Wyse’s monthly bad debt and administration fees.^[131] Wyse confirms that it has not participated in any regulatory processes in BC.[132]

 

Wyse confirms that it remits to the building owner the aggregate electricity consumption billed to unit holders less Wyse’s fees and charges for provision of such services.^[133] A remittance report for July 1, 2022 to August 1, 2022 is provided in Figure 3 below.

 

Figure 3 - Remittance Summary Report[134]

 

 

The remittance for the total tenant electric bill is $1,161.42 for 12,225.45 kWh usage, based on the applicable RS 1101 Step 1 rate for July 2022 of 9.50 cents per kWh. Wyse does not remit any other fees or charges (basic charge, bad debt fee, regulatory administration fee) to the building owner.

 

Wyse states that end-users are charged other, non-monthly fees, listed below,^[135] which are generally governed by the contractual relationship between Wyse and the building owner and/or the unit holder and primarily relate to municipal services and any governing principles established by municipalities in relation to those services:[136]

•         An account set up fee of $50 required upon signing (residential);

•         A $130.00 security deposit from unit holders/occupants, refunded after one year of good standing or waived if the unit holder signs up for the pre-authorized payment plan;^[137]

•         A late payment fee of 1.5% of outstanding balance monthly, and a non-sufficient funds fee of $40 (increasing to $65) in the event payment does not clear;

•         A $30 fee for Notice of disconnection or if a field agent is dispatched to collect payment;

•         Disconnection and reconnection fees ($210 or $410 depending on time of day); and

•         A $75 per hour (minimum four hour call out) for meter disputes (refunded if meter is found to be inaccurate).

Intervener Submissions

Metergy

Metergy submits that “business models used by submetering service providers can vary substantially, which may lead some operators to be public utilities but not others.” Metergy provides examples of charging/fee structures, which could include: ^[138]

1.       Service providers charging different fees (some may charge only the basic charge, while others may include additional ancillary charges).

2.       Service providers [being] compensated in different ways (fees charged to building owners versus fees charged to tenants/occupants).

RCIA

RCIA submits “Wyse is receiving compensation for its submetering services alone, its rate is not a flow-through of BC Hydro's rates, and Wyse is operating under a unique electrical tariff of its own.”[139] RCIA points out that in addition to BC Hydro’s Basic Charge, Wyse adds charges such as bad debt recovery, regulatory fee, account set-up, reconnection, and other charges, which go beyond what BC Hydro charges its customers for the same services.[140]

 

RCIA go on to suggest that Wyse's bad debt recovery fee is a “financial acknowledgement” that it is responsible for the provision of both meter readings and electricity supply because Wyse charges the bad debt recovery fee to its customers to recoup the cost of unpaid bills.[141]

 

RCIA illustrate the differences between Wyse and BC Hydro's RS 1101 in the table below.

 

Table 1: Comparison between Wyse and BC Hydro RS 1101[142]

 

BC Hydro

BC Hydro submits that Wyse collects security deposits, collects, manages, and/or stores the residents’ electricity consumption data, charges them for electricity consumption and charges them other fees (e.g., administration fees, account set up fees, and bad debt recovery fees). BC Hydro asserts that all these activities are associated with or are undertaken to aid the sale, delivery, and provision of electricity to the residents.[143]

BCOAPO

BCOAPO states that Wyse bills unit holders based on RS 1101, including the Energy Charge, the Basic Charge and other applicable fees and charges as payment for the services provided by Wyse to the unit holders[144] and Wyse is compensated for the sale and delivery of electricity to the public for compensation.[145]

Wyse Reply Argument

Wyse argues that the definition of “Electricity”, as contained in the BC Hydro’s Electric Tariff, does not include submetering. Electricity is a commodity whereas metering and submetering are not. Submetering is instead a service performed to facilitate the payment of the resale of the Electricity commodity by the building owner to the unit holder on a measured basis.[146] Wyse further argues that “the compensation it receives is through its administration fees charged for the services performed for its billing services, not for the commodity of electricity itself, as required by the definition.”[147] Wyse submits the BCUC should not accept that it has become a public utility by aiding the building owner, which is also the owner of the commodity, in selling the electricity acquired from BC Hydro.[148]

 

Wyse submits that by plain reading, BC Hydro’s Electric Tariff “does not include any restriction or cap on administrative charges, metering charges, or collections charges and focusses on the price charged for commodity of “Electricity”, as defined therein.”[149]

Panel Determination

The Panel has already determined that Wyse owns and operates equipment in BC, and that this equipment is used in the sale, delivery or provision of electricity to the unit holder. The Panel must now determine if Wyse owns or operates such equipment for compensation.

 

“Compensation” in section 1 of the UCA is broadly defined:

“compensation” means a rate, remuneration, gain or reward of any kind paid, payable, promised, demanded, received or expected, directly or indirectly, and includes a promise or undertaking by a public utility to provide service as consideration for, or as part of, a proposal or contract to dispose of land or any interest in it

Wyse acknowledges it bills for electricity based on metered end-user consumption and confirms that it receives compensation for services performed through its administrative fees. However, Wyse asserts that it is not compensated for the ‘commodity’ of electricity itself, as required by the definition of electricity in BC Hydro’s Electric Tariff to satisfy the definition of a public utility under the UCA. [150]

 

The Panel is not required to consider BC Hydro’s Electric Tariff when determining Wyse’s public utility status. Wyse’s public utility status is determined using the conditions as set out in the UCA, and the UCA makes no mention of BC Hydro’s Electric Tariff, nor ‘commodity’ or ‘commodity of electricity’. Wyse is inferring a requirement that does not exist, namely that this Panel read into the UCA that the definition of electricity from BC Hydro’s Electric Tariff means that ‘providing electricity’ in the UCA refers only to the ‘commodity’ of electricity itself. Wyse has connected the wrong dots: the definition of electricity in BC Hydro’s Electric Tariff has no relevance to compensation for providing electricity in the definition of public utility in the UCA. The definition of public utility in the UCA requires us to determine whether Wyse is receiving compensation for selling, delivering or providing electricity.

 

To consider the terms ‘commodity’ or ‘commodity of electricity’ or BC Hydro’s Electric Tariff in determining Wyse’s public utility status would not be consistent with the modern rules of statutory interpretation. Instead, this Panel only needs to consider the words as written in the UCA in their ordinary, grammatical sense and establish whether Wyse is compensated for the production, generation, storage, transmission, sale, delivery or provision of electricity… to or for the public or a corporation, and whether that form of compensation satisfies the definition of compensation in the UCA.

 

Wyse maintains that it is providing a billing service on behalf of the building owners/management. However, in its sale, delivery and provision of electricity, Wyse receives a number of separate charges and fees which are included in Wyse’s monthly bill to end users:

•         A stepped Energy Charge for electricity which is flowed through to the end-user, consistent with BC Hydro’s residential rate.

•         A Delivery Charge, retained by Wyse as a service fee, that includes:

o   the daily Basic Charge from BC Hydro’s Electric Tariff,

o   a bad debt recovery fee, and

o   a regulatory administration fee

As discussed above, Wyse charges other fees and confirms that any rate riders, which are amounts credited or debited on a bill to direct customers of BC Hydro, and must be approved by the BCUC, are not included.

 

Wyse argues that its status as a public utility is contingent upon it being compensated for the ‘electricity commodity’.[151] We disagree with this interpretation. We note that nowhere in the definition is ‘compensation’ restricted only to a particular aspect of service or particular commodity.

 

The Panel finds that just as the UCA definition of a public utility is expansive, so too is the definition of compensation. Under the plain reading of the words in the UCA, an extensive list of examples of compensation is given, but this list is not exhaustive. It is a clear intent of the Legislature that, in taking the ordinary and grammatical meaning of the words, what constitutes compensation when determining public utility status should be given a broad interpretation. This is evidenced by the fact that compensation also includes a wide-ranging term in that compensation can be a “gain or reward of any kind…directly or indirectly”. The evidentiary record shows that:

1.       Wyse receives compensation for its services on a monthly basis;

2.       Wyse’s bill includes a ‘charge’ and/or ‘other compensation’ which falls under the section 1 term ‘rate’, in the form of various fees that are charged monthly;

3.       Wyse receives ‘remuneration’ and a ‘gain or reward…directly or indirectly’ in exchange for its services – most obvious of which is the Delivery Fee, which is retained by Wyse; and

4.       On a monthly basis, Wyse ‘demands, receives or expects to receive’ bill payments from the unit holder.

 

Additionally, Wyse receives other direct or indirect gains through charging for the account set up fee a $130 security deposit (BC Hydro does not), a reconnection fee and demands bill payment before connection is re-established, among others.

 

Of note to the Panel in particular is that some of Wyse’s charges warrant further scrutiny.  For example, Wyse charges a ‘regulatory administration fee’ yet is not a regulated entity and acknowledges it has never participated in regulatory processes in BC. Another example is the BC Hydro RS 1901 Deferral Account Rate Rider, which is currently a credit to a customer’s account,[152] that Wyse concedes it does not pass along to the end-user. In the Panel’s view, such charges demonstrate the need for regulatory oversight of Wyse.

 

Therefore, for the reasons stated above, the Panel determines that Wyse receives compensation for its activities and services, which satisfies the term compensation as used in the definition of a public utility.

3.4              Does the Exclusion in Subsection 1(d) of the UCA apply to Wyse?

The UCA includes a number of subsections whereby a person may be excluded from the definition of a public utility. Subsections 1(c) to (g) of the UCA set out these exclusions, subject to certain conditions, which relate to municipalities, landlords, those engaged in the petroleum industry and production of oil and gas, those engaged in the production of a geothermal resource and any agreement designated by the LGIC which relates to the provision of support service to or on behalf of BC Hydro.

 

Wyse submits that there is an exclusion from the definition of public utility under the UCA when property owners provide services to themselves or their tenants.[153]  The exclusion to which Wyse refers is subsection 1 (d) (Landlord Exclusion), which states a public utility:

… does not include

(d) a person not otherwise a public utility who provides the service or commodity only to the person or the person's employees or tenants, if the service or commodity is not resold to or used by others.

Wyse submits that building owners obtain electricity from BC Hydro and resell electricity to unit holders pursuant to section 9.1 of BC Hydro’s Electric Tariff and provide that electricity through infrastructure owned, maintained, and controlled by the building owners. Wyse understands that all of the building owners who contract with Wyse to measure the electricity used by each of their unit holders are excluded from the definition of public utility.[154]

 

In the sections below, the Panel summarizes submissions on the applicability of the Landlord Exclusion to Wyse.

Intervener Submissions

Metergy

Metergy submits that the clear legislative intent (with the example of the Landlord Exclusion) is that the BCUC does not have jurisdiction over the provision of electricity by building owners to tenants:

the BCUC should not purposively read the statute as making a submetering service provider a public utility if it steps into the owner’s shoes to measure electricity usage and provide billing support.[155]

Metergy further submits that different considerations may apply to strata corporations, which are not covered by the Landlord Exclusion in the UCA.[156]

BC Hydro

BC Hydro argues that the Landlord Exclusion does not apply to Wyse, for two reasons. In the case of rental buildings, BC Hydro submits that providing electricity or service to the tenants of another person (the building owners) does not satisfy the statutory language of the Landlord Exclusion in its grammatical and ordinary sense.[157] Only persons serving their own employees or tenants can benefit from this exclusion. This benefit is not transferable, and Wyse’s contractual agreement with a building owner who is entitled to the Landlord Exclusion does not provide Wyse with the same legal status as the building owner.[158]

BC Hydro further submits that some contracts are with owners of units in a strata building and these owners are not “tenants” under the UCA’s definition or in any ordinary sense of the word.[159]

BCOAPO

BCOAPO submits that Wyse is a public utility as defined in section 1 of the UCA and Wyse does not fall under the part (d) exclusion.[160]

 

BCOAPO notes that subsection 1(d) of the UCA expressly excludes landlords from the definition of public utilities, who are instead subject to the RTA. Thus, according to BCOAPO, when utility services are provided by a landlord that is not a public utility under the UCA, tenants are protected by RTA provisions. The RTA prohibits disconnections and charging a tenant more for the utility than what the landlord pays.[161] On the other hand, when utility services are provided by a public utility, tenants, like other utility consumers, are protected by the UCA.[162] It is Wyse, not building owners/landlords, which is controlling access to energy as well as charging unit holders for electricity on a metered basis.[163]

 

BCOAPO argues that:

any arrangements or interpretation of arrangements between a builder, strata, or landlord and third parties that allow them to circumvent the legislative protections afforded British Columbians as energy consumers is anathema. Either outcome would thwart the legislative intent of the UCA while also ignoring the public interest in the protection of vulnerable captive consumers, the rule of law, and the Utilities Commission’s mandate to ensure that service by public utilities are not “unreasonable, unsafe, inadequate, or unduly discriminatory. Based on both the facts and the law in this case, BCOAPO strongly submits to this Panel that it must find Wyse is indeed operating as a public utility, subject to the [BCUC’s] jurisdiction and oversight.[164]

Letters of Comment

The RTB states that it may also commence investigations into landlords’ actions and whether Wyse may be a landlord, as defined under the RTA, given its statements that it is acting on behalf of building owners.[165] In section 1 of the RTA, the definition of “landlord” includes the owner of the rental unit, the owner’s agent, or another person who, on behalf of the landlord, exercises powers and performs duties under the RTA, the tenancy agreement, or a service agreement. The RTB states:

In instances where a public utility is providing utilities directly to a rental unit, such as when each unit has a separate BC Hydro meter, the public utility is not considered a “landlord” under the RTA as they are not acting on behalf of an owner. In these instances, a landlord can require the tenant to put the utility account in their own name and those payments are regulated by the BCUC.

Otherwise, where the landlord is providing a service, which includes a utility such as electricity, but is requiring a tenant to pay for it, the expectation is that this payment is a reimbursement for a tenant’s share of the utility bill with the means of calculation set out in the tenancy agreement. It is not intended that a landlord profit from having a tenant pay for utilities by charging the tenants more than what the landlord actually pays. If a tenancy agreement included a term that resulted in a landlord charging a tenant more for the utility than what the landlord pays, that term would likely be found unconscionable and, as such, not enforceable under section 6(3)(b) of the RTA.[166]

Wyse Reply Submissions

Wyse argues that the strata or building owner entering into a tariff-based resale contract, pursuant to section 9.1 of the BC Hydro Electric Tariff, makes the landlord the public utility under the UCA subject to the Landlord Exclusion provision.[167]

 

Wyse submits that BCOAPO’s primary argument not to include Wyse in the Landlord Exclusion centers on the RTB’s assertions around the rights of tenants vis-à-vis landlords where there is a termination of service. Wyse suggests that while it is clear there needs to be further assessment, this issue is beyond the scope of this inquiry.[168]

 

Wyse argues that the BCUC does not need to rely on the Landlord Exclusion to find Wyse not to be a public utility because it is a submetering entity and is not captured by the UCA definition. Nevertheless, Wyse proposes that the Landlord Exclusion should be further extended to include submetering providers such as Wyse:

It is a reasonable interpretation of the UCA that parties which are contracted to provide certain expertise which enables the landlord to improve energy efficiency and cost effectiveness should be encouraged and extending the exclusion to service providers such as Wyse has and would continue to facilitate that outcome.[169]

Panel Determination

The Panel has already determined that Wyse owns and operates equipment or facilities and that these are used in the provision of electricity to the unit holder for compensation. The Panel must now determine if Wyse meets the conditions for the Landlord Exclusion.

 

Wyse acknowledges that the Landlord Exclusion applies to each of the building owners who contract with Wyse. Those building owners are not, however, the subject of this proceeding. Wyse concedes that the Landlord Exclusion does not apply to itself. We agree with Wyse. Simply extending the exclusion as Wyse suggests, however, would not be without controversy. As BCOAPO observes, the rights of residential utility end users are protected either through the RTA or the UCA, yet Wyse submits that the end users of its services do not require equivalent protection.

 

Wyse also submits that the Landlord Exclusion should be extended to service providers such as Wyse because it provides expertise that enables a landlord to improve energy efficiency and cost effectiveness. Whether the exclusion should be extended as Wyse submits is not for the BCUC to decide but is a matter of government policy.

 

Therefore, for the reasons stated above, the Panel finds that the UCA section 1 (d) exclusion from public utility status does not apply to Wyse.

4.0              Panel Determination on Wyse’s Status as a Public Utility

In determining whether Wyse is a public utility, and therefore subject to BCUC regulation under the UCA, the Panel must be satisfied that Wyse meets the conditions in the section 1 definition of a public utility and is not excluded from the definition by virtue of the exclusion in subsection (d).

 

In the preceding sections, the Panel has considered the evidence and positions of the parties on each of the criteria and has determined that:

•         Wyse owns or operates equipment or facilities in British Columbia;

•         Wyse owns or operates equipment or facilities that are used in the sale, delivery or provision of electricity;

•         Wyse receives compensation, that satisfies the terms as used in the definition, for the activities and services it performs; and

•         Wyse does not meet the criteria as set out in the subsection 1 (d) exclusion.

 

Below, the Panel summarizes the evidence collected in this proceeding regarding Wyse’s Submetering System, the Submetering Agreement and Utility Services Contract, Wyse’s roles and responsibilities and Wyse’s fees and charges, and provides what we consider to be the fundamental factors that are key to our determination.

1)      Wyse enters into an exclusive long-term Submetering Agreement with the building owner, often up to 20 years in length, to install, own and operate the Submetering System;

2)      Wyse contractually obliges the building owner to only accept tenancies or ownership from customers who agree to have services supplied solely through Wyse with the building owner remaining responsible for paying any costs related to empty units;

3)      Wyse collects data on the actual electricity usage, as measured by the submeter, for each unit in the building, and provides access to this data to each of its customers, and makes data available to report aggregate electricity consumption to the building owner;

4)      Wyse enters into an exclusive Utility Services Agreement with the unit holder whereby they must agree to Wyse being the sole service provider, must pay Wyse an account set-up fee before connection, and are billed and must pay Wyse for their actual electricity usage on a monthly basis;

5)      Wyse reads, measures, bills and collects payment from the unit holder based on actual monthly electricity usage as measured by the submeter for the unit and includes fees/charges in addition to those charged by BC Hydro;

6)      Wyse remits monthly payment for electricity consumed in the unit to building owners, less a Delivery Charge for each unit retained as compensation;

7)      Wyse at all times retains ownership of the Submetering System – i.e., the equipment or facilities; and

8)      Wyse has the contractual ability to disconnect service to units under certain conditions.

 

In determining Wyse’s public utility status, the Panel has used the modern rules of statutory interpretation and has applied “fair, large and liberal construction and interpretation” and read the words of the UCA in “their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the Act, the object of the Act, and the intention of Parliament”.

 

The Panel agrees with BC Hydro’s position that undertaking the activities specified in the definition of a public utility pursuant to a contract with a third-party does not have any bearing on whether these activities are or are not those of a public utility. We are not persuaded by Wyse’s argument that the “status quo” interpretation of the legislation is justification to exclude submetering operators from public utility status, nor does Wyse offer convincing, practical evidence that the existing submetering situation is harmonious with the scheme and object of the Act. In other words, should a person meet the conditions as set out in the definition of a public utility in the UCA, then it is a public utility and subject to BCUC regulation under the UCA.

 

The Panel concludes that Wyse meets the conditions in the section 1 definition of a public utility and determines Wyse to be a public utility under section 1 of the UCA. Further, the Panel determines that the Landlord Exclusion in the public utility definition does not apply to Wyse.

 

As a public utility, Wyse must provide a service that the BCUC considers is in all respects adequate, safe, efficient, just and reasonable.[170] Furthermore, as a regulated service, all charges that Wyse bills to its customers must be reviewed and determined by the BCUC.

 

This proceeding arose because of complaints made to the BCUC about Wyse’s business practices.  Although complaints are not a factor in our determination of Wyse’s public utility status, and as discussed above, we note that two of the fundamental functions of public utility regulation are, first, to ensure ratepayers have recourse to raise complaints and disputes to the BCUC and second, to ensure that ratepayers are not charged an unjust, unreasonable, unduly discriminatory or unduly preferential rate.

 

Having determined that Wyse is a public utility, the BCUC orders as follows:

1.       Wyse is directed to file with the BCUC an application seeking all required regulatory approvals for its rates, electric tariff, general terms and conditions and operating system within sixty (60) days of this order.

2.       Wyse is directed to file with the BCUC interim tariff pages reflecting existing rates currently being charged to customers for BCUC endorsement within thirty (30) days of this order.

3.       Pursuant to section 90 of the UCA, the current rates Wyse charges to its customers are made interim as of the date of this order and any differences between the interim and permanent rates, once approved by the BCUC, will be refundable or recoverable with interest calculated at the average prime rate of Wyse’s principal bank for its most recent fiscal year.

4.       Wyse is directed to provide a copy of this order, electronically where possible, to all customers of Wyse located in BC as a bill insert in the next billing cycle or within 30 days, whichever is sooner.

5.       Wyse is directed to publish a copy of this order on the homepage of its website within 15 days of this order and the order is to remain on Wyse website for a minimum of 60 days from the date it is published.

6.       Wyse is directed to file an Annual Report with the BCUC within 4 months of its fiscal year end, in accordance with BCUC letters L-36-94, L-14-95 and L-8-22.

 

 

Dated at the City of Vancouver, in the Province of British Columbia, this                28^th                day of June 2023.

 

 

 

Original signed by:

____________________________________

B. A. Magnan

Panel Chair / Commissioner

 

 

Original signed by:

____________________________________

E. B. Lockhart

Commissioner

 

 

 

 

 

 

 

 

 

 

 

Wyse Meter Solutions Inc.

Investigation into Status as a Public Utility

 

 

Glossary and Acronyms

 

 

Acronym / Glossary	Description
BC Hydro	British Columbia Hydro and Power Authority
BCOAPO	British Columbia Old Age Pensioners’ Organization, et al
BCUC	British Columbia Utilities Commission
IR	Information Request
kWh	Kilo Watt hour
Metergy	Metergy Solutions Inc.
RCIA	Residential Customer Intervener Association
RS 1101	Rate Schedule 1101
RS 1901	Rate Schedule 1901
RTA	Residential Tenancy Act
RTB	British Columbia Residential Tenancy Branch
UCA	Utilities Commission Act
Wyse	Wyse Meter Solutions Inc.

 

 

 

 

 

IN THE MATTER OF

the Utilities Commission Act, RSBC 1996, Chapter 473

 

and

 

British Columbia Utilities Commission

Wyse Meter Solutions Inc. Status as a Public Utility

EXHIBIT LIST

 

Exhibit No.                                                                          Description

Commission documents

 

A-1	Letter dated July 19, 2022 – Appointment of Panel for the review of Wyse Meter Solutions Inc. Status as a Public Utility
A-2	Letter dated July 22, 2022 – BCUC Order G-203-22 establishing a regulatory timetable
A-3	Letter dated August 3, 2022 – BCUC Order G-216-22 amending the regulatory timetable
A-4	Letter dated August 11, 2022 – BCUC Information Request No. 1 to Wyse
A-5	Letter dated September 7, 2022 – BCUC Order G-249-22 amending the regulatory timetable
A-6	Letter dated October 21, 2022 – BCUC Order G-294-22 establishing a further regulatory timetable
A-7	Letter dated November 1, 2022 - BCUC Information Request No. 1 to BC Hydro
A-8	Letter dated November 1, 2022 - BCUC Information Request No. 2 to Wyse
A-9	Letter dated November 4, 2022 – BCUC Order G-319-22 amending the regulatory timetable
A-10	Letter dated November 8, 2022 – BCUC Order G-324-22 amending the regulatory timetable
A-11	Letter dated December 20, 2022 – BCUC Order G-378-22 establishing a further regulatory timetable
A-12	Letter dated December 22, 2022 – BCUC Order G-383-22 amending the regulatory timetable
A-13	Letter dated January 13, 2023 – BCUC adjourning the proceeding
A-14	Letter dated January 26, 2023 – BCUC Order G-20-23 establishing a further regulatory timetable
A-15	Letter dated February 28, 2023 – BCUC response to Wyse Extension Request
A-16	Letter dated June 13, 2023 – BCUC amending the Panel for the review of the application

Commission Staff documents

 

A2-1	Letter dated July 22, 2022 – BCUC staff submitting Wyse response to BCUC

 

 

Applicant documents

B-1	Wyse Meter Solutions Inc. (Wyse) – Letter dated August 3, 2022 submitting extension request
B-2	Letter dated August 17, 2022 – Wyse submitting Public Notice compliance with Order G‑216-22
B-3	Letter dated September 2, 2022 – Wyse submitting extension request
B-4	Letter dated September 23, 2022 – Wyse submitting response to BCUC Information Request No. 1
B-4-1	CONFIDENTIAL - Letter dated September 23, 2022 – Wyse submitting confidential response to BCUC Information Request No. 1
B-5	Letter dated September 23, 2022 – Wyse submitting response to BC Hydro Information Request No. 1
B-6	Letter dated September 23, 2022 – Wyse submitting response to BCOAPO Information Request No. 1
B-7	Letter dated September 23, 2022 – Wyse submitting response to RCIA Information Request No. 1
B-8	Letter dated October 13, 2022 – Wyse submitting responses to Letters of Comment
B-9	Letter dated November 24, 2022 – Wyse submitting response to BCOAPO Information Request No. 2
B-10	Letter dated November 24, 2022 – Wyse submitting response to RCIA Information Request No. 2
B-11	Letter dated November 24, 2022 – Wyse submitting response to BCUC Information Request No. 2
B-11-1	CONFIDENTIAL - Letter dated November 24, 2022 – Wyse submitting confidential response to BCUC Information Request No. 2
B-12	Letter dated December 14, 2022 – Wyse submitting response to Sullivan Letter of Comment
B-13	Letter dated December 14, 2022 – Wyse submitting response to Roka Letter of Comment
B-14	Letter dated December 14, 2022 – Wyse submitting response to RTB Letter of Comment
B-15	Letter dated December 21, 2022 – Wyse submitting extension request to the Regulatory Timetable
B-16	Letter dated February 28, 2023 – Wyse submitting extension request to file Reply Argument

 

Intervener documents

 

C1-1	Residential Customer Intervener Association (RCIA) – Letter dated August 24, 2022 submitting request to intervene by Abdulrahman Abomazid
C1-2	Letter dated September 1, 2022 – RCIA submitting Information Request No. 1
C1-3	Letter dated November 6, 2022 – RCIA submitting Information Request No. 2 to Wyse
C2-1	British Columbia Hydro and Power Authority (BC Hydro) – Letter dated August 24, 2022 submitting request to intervene by Chris Sandve
C2-2	Letter dated September 1, 2022 – BC Hydro submitting Information Request No. 1
C2-3	Letter dated November 2, 2022 – BC Hydro submitting Confidentiality Declaration and Undertaking forms
C2-4	Letter dated November 24, 2022 – BC Hydro submitting responses to BCUC Information Request No. 1
C2-4-1	CONFIDENTIAL - Letter dated November 24, 2022 – BC Hydro submitting confidential responses to BCUC Information Request No. 1
C3-1	Metergy Solutions Inc. (Metergy) – Letter dated August 25, 2022 submitting request to intervene by Michael Manhas
C4-1	British Columbia Old Age Pensioners’ Organization, Active Support Against Poverty, Disability Alliance BC, Council of Senior Citizens’ Organizations of BC, Tenants Resource and Advisory Centre, and Together Against Poverty Society (BCOAPO et al.) – Letter dated August 25, 2022 submitting request to intervene by Leigha Worth
C4-2	Letter dated September 1, 2022 – BCOAPO submitting Information Request No. 1
C4-3	Letter dated September 28, 2022 – BCOAPO submitting applicability of Intervener submissions regarding Letters of Comment
C4-4	Letter dated November 6, 2022 – BCOAPO submitting Extension Request to file Information Request No. 2
C4-5	Letter dated November 14, 2022 – BCOAPO submitting Information Request No. 2 to Wyse

 

 

Interested party documents

 

D-1	Brett, B. (Brett)- Request for Interested Party Status dated August 15, 2022
D-2	McKenzie, J. (McKenzie)- Request for Interested Party Status dated August 15, 2022
D-3	Obeck, K. (obeck)- Request for Interested Party Status dated August 16, 2022
D-4	Pellegrin, C. (Pellegrin)- Request for Interested Party Status dated August 16, 2022
D-5	Royal, A. (Royal)- Request for Interested Party Status dated August 15, 2022
D-6	Patel, J. (Patel)- Request for Interested Party Status dated August 17, 2022
D-7	Ngo, A. (Ngo)- Request for Interested Party Status dated August 17, 2022
D-8	Stewart, G. (Stewart)- Request for Interested Party Status dated August 17, 2022
D-9	Cehic, I. (Cehic)- Request for Interested Party Status dated August 18, 2022
D-10	Loke, A. (Loke)- Request for Interested Party Status dated August 17, 2022
D-11	Residential Consumer Intervener Association (RCIA)- Request for Interested Party Status by A. Abomazid dated August 18, 2022
D-12	Clayton, N. (Clayton)- Request for Interested Party Status dated August 22, 2022
D-13	Martin, D. (Martin)- Request for Interested Party Status dated August 23, 2022
D-14	City of Vancouver (CoV)- Request for Interested Party Status by I. Tang dated August 24, 2022
D-15	Kim, Y. (Kim)- Request for Interested Party Status dated August 25, 2022
D-16	Macdonald, Q. (Macdonald)- Request for Interested Party Status dated August 28, 2022
D-17	Cox, W. (Cox)- Request for Interested Party Status dated August 28, 2022
D-18	Rowland, K. (Rowland) - Request for Interested Party Status dated September 19, 2022
D-19	Wolverton, B. (Wolverton) - Request for Interested Party Status dated September 21, 2022
D-20	Enerpro Systems Corporation (Enerpro) - Request for Interested Party Status dated December 9, 2022 by Steven Roka

Letters of comment

 

E-1		Ryckman, T. (Ryckman) - Letter of Comment dated August 15, 2022
E-2	Patel, J. (Patel) - Letter of Comment dated August 15, 2022
E-3	Stewart, G. (Stewart) - Letter of Comment dated August 17, 2022
E-4	REMOVED
E-5		Gabriel, L. (Gabriel) - Letter of Comment dated August 18, 2022
E-6		Beluse, M. (Beluse) - Letter of Comment dated August 28, 2022
E-7		Manalac, S. (Manalac) - Letter of Comment dated August 28, 2022
E-8		Staple, G. (Staple) - Letter of Comment dated September 6, 2022
E-9		Wolverton, B. (Wolverton) - Letter of Comment dated September 29, 2022
E-10		Macdonald, Q. (Macdonald) - Letter of Comment dated September 28, 2022
E-11		Malone, K. (Malone) - Letter of Comment dated August 22, 2022
E-12		Sullivan, J. (Sullivan) - Letter of Comment dated November 4, 2022
E-13		Roka, S. (Roka) - Letter of Comment dated December 6, 2022
E-14		Residential Tenancy Branch (RTB) - Letter of Comment dated December 6, 2022